Chapter 34

COL06130815GCA ESTATES AND PROBA TE CH.34NOTICES ,ORDERS ,PROCEDURE ,APPEALS ,FORMS 1CHAPTER 34 NOTICES ,ORDERS ,PROCEDURE ,APPEALS ,FORMS § 3401. Mode of Setting for Hearing and of Giving Notice. § 3403. Requests for Special Notice. § 3405. Special Notice, United States Agencies. § 3407. Additional Notice. § 3409. Postponement. § 3411. Personal Notice by Citation. § 3413. Issue and Service of Citation. § 3415. Service on Resident Guardian; Powers and Duties of Guardians. § 3417. Num ber of Publications. § 3419. Jurisdictional Facts Unnecessary in Orders. § 3421. Recordation of Orders Relat ing to Real Property . § 3423. Rules of Trial and Other Probate Proceedings. § 3425. Motion for New Trial. § 3427. Costs: Discretion to Order Payment by Parties or From Estate. § 3429. Applicability of Part II of Code of Civil Procedure. § 3431. Official Fo rms in Appendix Minimally Acceptable; Judicial Council May Alter, Delete or Add Forms; Effective Date of Alterations, Deletions of Additions. § 3433. Appealable Orders. § 3401. Mode of Setting for Hearing and of Giving Notice. (a)(1) Upon the filing of th e following petitions: (A) A petition for the probate of a will and for the grant of

§ 3433. Appealable Orders. § 3401. Mode of Setting for Hearing and of Giving Notice. (a)(1) Upon the filing of th e following petitions: (A) A petition for the probate of a will and for the grant of letters testamentary or of letters of administration with the will annexed, filed under the provisions of Section 1515 of this Title; (B) A petition for letters of adminis tration, filed under the provisions of Section 1813 of this Title; (C) A petition for the revocation of letters of administration and for the grant of letters of administration to a person with prior right thereto, filed under the provisions of Section 21 07 of this Title; andCOL06130815GCA ESTATES AND PROBA TE CH.34NOTICES ,ORDERS ,PROCEDURE ,APPEALS ,FORMS 2(D) A petition to set aside an estate of under $20,000.00 in value to the surviving spouse or to the minor child or children of the decedent, filed under the provisions of Section 3115(a) of this Title without there having been any ot her petition filed, the Cler k of the Superior Court of Guam shall set the same for hearing by the Superior Court of Guam upon some date not fewer than twenty (20) nor more than thirty (30) calendar days after the date of filing.

of the Superior Court of Guam shall set the same for hearing by the Superior Court of Guam upon some date not fewer than twenty (20) nor more than thirty (30) calendar days after the date of filing. Such notice shall contain, but shall not be limited to, the name of the estate, the name of the petitioner and the nature of the petition (referring to the petition for further particulars,) and shall state the time and place at which the petition will be heard. (2) Notice of the hearings referred to in subsection (a)(1) of this Section shall be given by the petitioner, by posting a copy of the notice of such hearing in the office of the municipal commissioner in the municipali ty in which the decedent resided at the time of his death, which copy shall be so posted at least fifteen (15) calendar days prior to the date set for such hear ing, and by publishing notice of such hearing in a daily newspaper of general circulation in the territory of Guam for three (3) consecutive days, t he last of which publications shall be not more than ten (10) calendar days prior to the date set for such hearing.

r of general circulation in the territory of Guam for three (3) consecutive days, t he last of which publications shall be not more than ten (10) calendar days prior to the date set for such hearing. The notice of the hearing appearing in a daily newspa per of general circulation shall be printed in a typeface no smaller than eight (8) po ints. (3) Notice of the hearings referred to in subsection (a)(1) of this Section shall also be given by the petition erin the manner provid ed in subsection (b) of this Section, to the extent the provisions of subsection (b)(1) of this Section are app licable. (b)(1) Upon the filing of any petition, application or paper as to which it is provid ed in this Title that notice shall be given as provided in this Section, the Clerk of the Superior Court of Guam shall set the same for hearing by the Superio r Court of Guam and notice thereof shall be given by the petition er, applicant or moving party to the following: (A) The personal representative if he is not the petitioner; (B) Any co -personal representative not peti tioning;COL06130815GCA ESTATES AND PROBA TE CH.34NOTICES ,ORDERS ,PROCEDURE ,APPEALS ,FORMS 3(C) Each person named as an heir,

f he is not the petitioner; (B) Any co -personal representative not peti tioning;COL06130815GCA ESTATES AND PROBA TE CH.34NOTICES ,ORDERS ,PROCEDURE ,APPEALS ,FORMS 3(C) Each person named as an heir, devisee or legatee of the decedent in the petition for probate of will and for the grant of letters testamentary or of letters of administration with the will annexed, or in the petition for letters of administra tion, as the case ma y be; (D) Each pe rson (or his attorney , if he has appeared by attorney) who has requested special notice as provided in Section 3403 of this Title; (E) Each person (or his attorney , if he has appeared by attorney) who has given notice of appearance in the estate in person or by attorney , as heir, devisee, legatee or creditor; and (F) Any other person to whom the Superior Court of Guam shall or der that notice be given. (2) The notice required by subsection (b)(1) of this Section shall either be served personally upon the persons mentioned in subsections (b)(1)(A) through (b)(1)(F), inclusive, of this Section, or sent to such persons by registered mail, ad dressed to them at their respective mailing addresses given in their requests for special notice,

)(1)(A) through (b)(1)(F), inclusive, of this Section, or sent to such persons by registered mail, ad dressed to them at their respective mailing addresses given in their requests for special notice, if any , other wise to their respective offices or places of residence. Such notice shall be given at least seven (7) calendar days prior to the time set for the hearing to which the notice refers. (3) The notice required by subsection (b)(1) of this Section shall contain, b ut shall not be limited to, the name of the estate, the name of the petitioner, appli cant or moving party , the nature of the petition, application or paper (referring to the petition, applica tion or paper for further particulars,) and shall state the tim e and place at which the petition, application or other paper will be heard. (c) Proof of the giving of notice, as provid ed in this Section, must be made at the hearing; and if it appears to the satisfaction of the Superior Court of Guam that said notic e has been regularly given, the Superior Court of Guam shall so find in its order, and such order, when it becomes final, shall be conclusive upon all persons.

Superior Court of Guam that said notic e has been regularly given, the Superior Court of Guam shall so find in its order, and such order, when it becomes final, shall be conclusive upon all persons. (d) In all cases in which notice is required and no time for such notice is prescribed in thi s Title, and in all cases in which a hearing is required by the Superior Court of Guam acting upon its own motion, the Clerk of the Superior Court of Guam shall set the same for hearing by the COL06130815GCA ESTATES AND PROBA TE CH.34NOTICES ,ORDERS ,PROCEDURE ,APPEALS ,FORMS 4Superior Court of Guam and notice thereof shall be given as pro vided by the or der of the Superior Court of Guam. SOURCE: Guam Law Revision Commission. Subsec tion (a)(2) of § 3401 was amended by P .L. 18 -36:1. COMMENT : The Commission has extensively revised the provi sions concerning notice from those contained in the Probate Code of Guam (1970). The prior provi - sions were very cumber some; more over, they provided in most cases for the posting of notices on public bulletin boards, a procedure which the Com mission believes is no longer necessary in light of the public ation of daily newspapers in Guam.

rovided in most cases for the posting of notices on public bulletin boards, a procedure which the Com mission believes is no longer necessary in light of the public ation of daily newspapers in Guam. Under the revised notice scheme of § 3401, notice of the initial proceed ings in probate cases will be given by posting (in the office of the decedent's municipal commis sioner only) and by publication. Thereafter , notic e will be given (personally or by registered mail) only to those persons who are known to be interest ed in the probate pro ceedings --e.g., heirs, devisees, legatees, creditors, those who have entered appearances and those re questing special notice. Al so see 1 GCA § 717 for further provision as to what constitutes Aregis tered mail. @ § 3403. Requests for Special Notice. At any time after letters have issued to the personal representative, any person interested in the estate, whether as heir, devisee, le gatee, credi tor, beneficiary under a trust, or as otherwise interested, or the Treasurer of Guam, may , in person or by attorney , serve upon the personal representative or trustee, or upon the attorney for the personal representative or for the trust ee, a nd

nterested, or the Treasurer of Guam, may , in person or by attorney , serve upon the personal representative or trustee, or upon the attorney for the personal representative or for the trust ee, a nd file with the Clerk of the Superior Court of Guam, with a written admission or proof of such service, a written request stating that he desires special notice of the filing or any or all of the petitions, applications, or other papers filed in the proba te proceedings, and giving the post office address of the person making the same, or of his attorney . Thereafter such person shall be entitled to notice as provided in subsection (b) of Section 3401 of this Title. SOURCE: Probate Code of Guam (1970), § 1 202; Guam Law Revision Commission. § 3405. Special Notice, United States Agen cies. When compensation, pension, insurance or other allowance is made or awarded by the United States government, or a department or bureau thereof, to estates of decedents, the department or bureau making or awarding such compensa tion, pension, insurance or allowance, shall have the same right as any person inter ested in the estate to request notice of proceed ings, to commence and prosecute actions on

awarding such compensa tion, pension, insurance or allowance, shall have the same right as any person inter ested in the estate to request notice of proceed ings, to commence and prosecute actions on the bonds of personal re presentatives or in light of other security provided by COL06130815GCA ESTATES AND PROBA TE CH.34NOTICES ,ORDERS ,PROCEDURE ,APPEALS ,FORMS 5personal representa tives for the faithful performance of their trusts, and to file exceptions in writing to accounts of personal representatives and to contest the same. SOURCE: Probate Code of Gua m (1970), § 1203; Guam Law Revision Commission. § 3407. Additional Notice. Whenever the Superior Court of Guam deems that the notice which has been given for any proceeding or hearing is insufficient, it may require such further and additional notice to be given as it deems proper . SOURCE: Probate Code of Guam (1970), § 1204. § 3409. Postponement. The Superior Court of Guam may continue or postpone any hearing or other proceeding, from time to time, in the interest of justice, and no further notice of the continued or postponed hearing or other pro ceeding is required unless ordered by the Supe rior Court of Guam.

proceeding, from time to time, in the interest of justice, and no further notice of the continued or postponed hearing or other pro ceeding is required unless ordered by the Supe rior Court of Guam. SOURCE: Probate Code of Guam (1970), § 1205. § 341 1. Personal Notice by Citation. When personal notice is required, and no mode of giving it i s prescribed by this Title, it shall be given by citation. The citation must be directed to the person to be cited, signed by the Clerk of the Superior Court of Guam, issued under seal of the Superior Court of Guam, and must contain the title of the procee ding, a brief statement of the nature of the proceed ing, and a direction that the person cited appear at a time and place specified. SOURCE: Probate Code of Guam (1970), § 1206. § 3413. Issue and Service of Citation. The citation referred to in Section 3411 of this Title may be issued by the Clerk of the Superior Court of Guam upon the applica tion of any party , without an order of the Superior Court of Guam, except in cases in which such order is expressly required by law . The citation shall b e served i n the sa me ma nner as a summons in a civil action, and when no other time is

uperior Court of Guam, except in cases in which such order is expressly required by law . The citation shall b e served i n the sa me ma nner as a summons in a civil action, and when no other time is specifi cally prescribed by law , it must be served at least five (5) calendar days before the return day thereof. SOURCE : Probate Code of Guam (1970), § 1207.COL06130815GCA ESTATES AND PROBA TE CH.34NOTICES ,ORDERS ,PROCEDURE ,APPEALS ,FORMS 6§ 3415. Service on Resident Guardian; Powers and Duties of Guardians. Whenever a minor or an insane or incompetent person has a guardian of his estate residing in the territory of Guam, personal service upon the guardian of any process, notice or order of the Superior Cour t of Guam, concerning the estate of a deceased person in which the ward is interested, is equivalent to service upon the ward, and it is the duty of the guardian to attend to the inter ests of the ward in the matter . Such guardian may also appear for his w ard and waive any process, notice or order to show cause which an adult person of sound mind might waive. SOURCE: Probate Code of Guam (1970), § 1208. § 3417. Number of Publications.

appear for his w ard and waive any process, notice or order to show cause which an adult person of sound mind might waive. SOURCE: Probate Code of Guam (1970), § 1208. § 3417. Number of Publications. When any publica tion is order ed by the Superior Court of Guam, such publ ications must be ma de daily , or otherwise as often during the prescribed period as the newspaper is regularly issued, unless otherwis e provided by this Title. The Superior Court of Guam may , however, or der a lesser number of publica tions during the perio d. SOURCE: Probate Code of Guam (1970), § 1209. § 3419. Jurisdictional Facts Unnecessary in Orders. Orders and decrees made by the Supe rior Court of Guam in probate proceedings need not recite the existence of facts, or the perfor mance of acts, upon wh ich the jurisdic tion of the Superior Court of Guam may depend, but it is only necessary that they contain the matters ordered or adjudged, except as otherwise pro vided by this Title. SOURCE: Probate Code of Guam (1970), § 1220. § 3421. Recordation of Orders Relating to Real Proper ty. When a n order is ma de setting apart a homestead, confirm ing a sale or ma king distribution of real property , or

e of Guam (1970), § 1220. § 3421. Recordation of Orders Relating to Real Proper ty. When a n order is ma de setting apart a homestead, confirm ing a sale or ma king distribution of real property , or determining any other matter affecting the title to real property , a certified copy thereof shall be recorded in the Department of Land Management of the Govern ment of Guam; and from the time of filing the same for record, notice is imparted to all per sons of the contents thereof. SOURCE: Probate Code of Guam (1970), § 1222. § 3423. Rules of T rial and Other P robate Proceedings.COL06130815GCA ESTATES AND PROBA TE CH.34NOTICES ,ORDERS ,PROCEDURE ,APPEALS ,FORMS 7All issues of fact joined in probate proceedings must be tried in confor mity with the rules of practice in civil actions. The party affirming is plaintiff, and the one denying or avoiding is defendant. The Superior Court of Guam shall t ry the issues joined, and sign and file its decision in writing, as provided in civil actions. Judgment on the issue joined, as well as for costs, may be entered and enforced by execution or otherwise by the Superior Court of Guam, as in civil actions.

in writing, as provided in civil actions. Judgment on the issue joined, as well as for costs, may be entered and enforced by execution or otherwise by the Superior Court of Guam, as in civil actions. SOURCE: Probate Code of Guam (1970), § 1230. § 3425. Motion for New T rial. A motion for a new trial in probate proceedings can be made only in cases of contests of wills, either before or after probate, in proceed ings to deter mine heirship and interests in estates, and in those cases where the issues of fact, of which a new trial is sought, were of such character as to entitle the parties to have them tried by the Superior Court of Guam whether or not they were so tried. SOURCE: Probate Code of Guam (1970 ), § 1231. § 3427. Costs: Discretion to Order Payment by Parties or Fro m Estate. When not other wise prescribed by this Title, either the Superior Court of Guam or the court on appeal may , in its discretion, order costs to be paid by any party to the proce edings, or out of the assets of the estate, as justice may require. SOURCE: Probate Code of Guam (1970), § 1233; Guam Law Revision Commission. § 3429. Applicability of Title 7, Guam Code Annotated (Civil Procedure).

f the assets of the estate, as justice may require. SOURCE: Probate Code of Guam (1970), § 1233; Guam Law Revision Commission. § 3429. Applicability of Title 7, Guam Code Annotated (Civil Procedure). Except as other wise provid ed in this Title, the provisions of Title 7 Guam Code Annotated commencing with Chapter 11 and the Guam Rules of Civil Procedure are applica ble to and constitute the rules of practice in the proceed ings men tioned in this Title with regard to trials, new trials, a ppeals, records on appeal, and all other matters of proce dure. SOURCE: Probate Code of Guam (1970), § 1233. COMMENT : (1993) The original Title 15 referred to Part II of the Code of Civil Procedure . The Code of Civil Procedure has been codified as Title 7 of the Guam Code Annotated and, pursuant to its terms, the Guam Rules of Civil Procedure have been adopted, replacing much of the Code dealing with procedure . Therefore, the COL06130815GCA ESTATES AND PROBA TE CH.34NOTICES ,ORDERS ,PROCEDURE ,APPEALS ,FORMS 8Compiler has changed the reference to the former Code of Civil Procedure to refe r to the same law as was in existence at the time this section was first adopted. § 3431.

,PROCEDURE ,APPEALS ,FORMS 8Compiler has changed the reference to the former Code of Civil Procedure to refe r to the same law as was in existence at the time this section was first adopted. § 3431. Official Forms in Appendix Minimally Accept able; Judicial Council May Alter , Delete or Add Forms; Effective Date of Alterations, Dele tions or Additions. The offici al form s contained in Appendix AA@to this Title may b e used in any proceeding in which they are applicable, and when so used shall be accepted as adequate by the Superior Court of Guam, provided that all information required by law shall have been properl y ent ered thereon and that the said forms shall have been properly executed as required by law . The Judicial Council of Guam may in its discretion alter the official for ms contained in Appendix AA@tothis Title, delete therefrom one or mor e of the said fo rms, or add thereto addi tional official forms. Any such alteration, deletion or addition shall become operative upon proper promulgation by the Judicial Council of Guam and compilation and printing by the Office of the Compiler of Laws; provided, that any such alteration, deletion or addition which pur ports to

pon proper promulgation by the Judicial Council of Guam and compilation and printing by the Office of the Compiler of Laws; provided, that any such alteration, deletion or addition which pur ports to affect substantive rights under the law shall be void. SOURCE: Guam Law Revision Commission. COMMENT :The Commission is of the opinion that some official forms are useful and neces saryfor the smooth operation of the Superior Court of Guam in its handling of probate cases; moreover, the Commission believes that the inclusion of such official forms in this T itle will be of assistance to personal repre sentatives and their attorneys in their own h andling of the estates they represent. It should be noted, however, that the use of the official forms con tained in Appendix AA@is not required; if the forms are used (as suming that all required information is includ ed and that the forms are properly e xecuted,) the court is required to accept them as the minimal forms which may be filed in the proceedings to which they respectively apply , but nothing contained in § 3431 is intended to bar personal representatives or their attorneys, or other persons fil ing papers in probate proceedings,

proceedings to which they respectively apply , but nothing contained in § 3431 is intended to bar personal representatives or their attorneys, or other persons fil ing papers in probate proceedings, from using other forms if they so desire. The Commission also believes that changing circumstances may mitigate toward the altera tion or deletion of the official forms, or the addition of new ones; the power to alter , delete or add forms has thus been granted to the Judicial Council, with the further provi sion that such alterations, deletions or addi tions become effective only after proper promulgation by the Council and compilation and printing by the Office of the Co mpiler of Laws. The last clause of § 3431 is intended to indicate that only procedural alterations, deletions or additions in or to the offi cial forms are to be valid; that is, it is not the Commission's intention to grant power to the Judicial Council to affect people's substantive rights under the law.COL06130815GCA ESTATES AND PROBA TE CH.34NOTICES ,ORDERS ,PROCEDURE ,APPEALS ,FORMS 9§ 3433. Appealable Orders. An appeal may be taken to the Supreme Court of Guam from an order of the Superior Court of Guam

815GCA ESTATES AND PROBA TE CH.34NOTICES ,ORDERS ,PROCEDURE ,APPEALS ,FORMS 9§ 3433. Appealable Orders. An appeal may be taken to the Supreme Court of Guam from an order of the Superior Court of Guam granting or revoking letters testamentary , letters of adminis tration with the will annexed or letters of admin istration; admitting a will to probate or revoking the probate thereof; setting aside an estate claimed not to exceed $20,000.00 in value; set ting apart property as a homestead or claimed to be exempt from execution; confirmin g a report of an appraiser or appraisers in setting apart a homestead; granting or modifying a family allow ance; directing or authorizing the sale or con veyance or confirming the sale of property; settling an account of an executor, administrator with th e will annexed, administrator, special administrator or trustee, or instructing or appointing a trustee; directing or allowing the payment of a debt, claim, legacy, commission or attorney's fee; determining heirship or the persons to whom distribution shou ld be made or trust property should pass; distributing proper ty; refusing to make any order heretofore men tioned in this Section; fixing an

rmining heirship or the persons to whom distribution shou ld be made or trust property should pass; distributing proper ty; refusing to make any order heretofore men tioned in this Section; fixing an inheritance tax or determining that none is due; or made in the circumstances mentioned in Section 721 of this Tit le. SOURCE: Probate Code of Guam (1970), § 1240; Guam Law Revision Commission. COMMENT :The Commission has added the last clause, to cause § 3433 to comport with the applicable provisions of Chapter 7, supra. (1993) See 7 GCA Chapters 1 -9 (P.L. 21 -147)for the creation and effective dates for the commencement of the Supreme Court of Guam and the consequent disestablishment of the appellate functions of the District Court of Guam. ----------